Estes Park Sports

As Colorado wildfires continue to worsen, only moderate laws proposed

By Kurtis LeeThe Denver Post

Posted:
01/24/2014 12:01:00 AM MST

Fire burns out of control at the Papoose Fire on June 27, 2013.

Despite recommendations from a task force convened by the governor to deal with Colorado's most-pressing wildfire issues, lawmakers this legislative session so far have avoided big-fix measures in favor of smaller, more piecemeal approaches.

About a dozen measures have been proposed this session. They span from providing tax credits for clearing brush, to counties placing limits on the rights of ranchers burning land and the adoption of a grant program for fire department safety.

Bolder ideas suggested to lawmakers by Gov. John Hickenlooper's task force and published in a September report, such as charging fees on homes built in high-risk burn areas or establishing a state building code for the use of fire-resistant materials and defensible space, are not included in bills submitted so far.

"We considered it, but no one thought about moving anything forward," said Sen. Matt Jones, D-Louisville, a member of the interim Wildfire Matters Review committee, about the recommendation of a fee on homeowners who choose to build in heavily wooded areas. "We want to provide incentives for people to do the right thing and keep firefighters safe."

Some oppose fees

Developers and the real estate industry opposed fees on property owners and a state building code. If homeowners live in high-risk burn areas, they're likely to pay higher insurance premiums, said Carole Walker, executive director of the Rocky Mountain Insurance Information Association.

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"But insurance companies consider a variety of risk factors, like building materials and distance to a fire station," Walker said.

At a news conference Thursday to outline some of the proposed wildfire bills, Hickenlooper said issues such as fees and building codes are delegated to counties and municipalities.

While state resources are used to fight fires that often cross county lines, Hickenlooper said, "we don't have to lean on (local governments) with a heavy shoulder."

Hickenlooper agreed with Jones in calling for an incentives approach. Of the items outlined in the task force report, lawmakers on the interim committee did heed the suggestions of creating a tax credit for mitigation.

On Friday, perhaps the most ambitious proposal toward fighting Colorado's wildfire epidemic is set to be unveiled by Sen. Steve King, R-Grand Junction; the measure calls for the state to fund its own aerial firefighting fleet. A bill sponsored by King last year and passed into law allowed the state to create its own fleet, but the measure had its funding stripped.

At the time, King, along with co-sponsor Sen. Cheri Jahn, D-Wheat Ridge, estimated it would cost Colorado about $20 million annually to support a fleet of aircraft which would be paid for through a mix of public and private funds, advertising and a new state lottery game.

"This provides a solution to help save land, structures and Colorado drinking water. Fires are a clear danger," King, a member of the interim committee, said this week. "Enough with the talk. Let's pass this serious bill and get it funded and protect Colorado."

King described his proposed legislation as a public-private partnership model where the state would in 2015 obtain four decommissioned C-130s at no cost from the federal government, and pay a contractor for the initial retrofit, operation and maintenance of the firefighting aircraft. Under the proposal, this year the state would spend $9 million for a contract to fund three helicopters.

King said the current wildfire bills introduced are "a step in the right direction," but he wants to see stronger legislation passed.

At Thursday's news conference — with King standing near the podium — Hickenlooper did not commit to backing his legislation but noted more aerial support is certainly needed to fight the state's raging wildfires.

"My preference is to have a number of Western states share the costs," said Hickenlooper, chair of the Western Governors' Association, which has discussed the issue.

"Going to get worse"

When the Waldo Canyon fire roared into Colorado Springs in June 2012, charring about 350 homes, it was the most destructive wildfire in the state's history — until a year later and less than 20 miles northeast, when the Black Forest fire raged and torched almost 500 homes.

Paul L. Cooke, Colorado director of the Division of Fire Prevention and Control, said studies show that destruction from wildfires has doubled every decade since 1960s and is projected to continue trending upward.

"It's only going to get worse," said Cooke, who will testify in committee hearings on several fire-related bills in the coming weeks. "We're building more in the woods. The amount of fuel in those woods is growing, which is not good."

Rep. Tony Exum, D-Colorado Springs, called wildfires "very much a part of Colorado."

Exum, who served 35 years as a Colorado Springs firefighter before retiring in 2009, is the House sponsor of a bill that would direct $3.25 million annually for the next five years into a newly created firefighter safety fund. The fund would be overseen by Cooke's office and dole out grants to help firefighters prevent diseases related to their occupation, such as cancer.

"I've fought fires and know the risks that can arrive after years of doing it," Exum said.